“Just 10 days ago, I wrote about SJR 45, a Tea Party-infused measure (part interposition, part nullification, part secessionism) that would purport to give Missouri the power to disregard federal law — and federal-court rulings interpreting and enforcing that law. SJR 45 evidently hasn’t yet made it out of the state senate yet, and the entire legislature would have to approve the proposed constitutional amendment before Missourians could vote on it. But even if all of that were to happen the law would have zero chance — none — of passing constitutional muster upon judicial review. Like people, states don’t get to pick and choose which federal laws they want to obey.”

I was really hoping that at this point in the article, this leading analyst would offer an explanation of why the only ‘constitutional’ behavior a state can assume is to cower in fear under the spectre of an out-of-control Federal government. He did not.

“SJR 45 is bad. But HB 1534 is worse. Without waiting for the U.S. Supreme Court or Congress to resolve the issue, HB 1534 unilaterally declares that the Affordable Care Act is, in fact, bad law. Roaring off the cliff, the proposed state statute then makes it a crime — punishable by up to one year in prison — for any federal official to enforce the health-care law. And then the proposed measure gives private citizens a right of action to sue state or federal officials — for money damages! — for enforcing the Affordable Care Act. Silly you, you thought Republican lawmakers were against frivolous lawsuits.”

Ladies and gents- here is this ‘leading analyist’s idea: As oppression increases and things like your own child’s lunch are taken out of your hands, your best bet is to ‘wait for the Supreme Court and/or Congress’. Brilliant Andrew. I’m sure that one will really get the attention of the people currently suffering on Main St- “We just need to wait for the Federal Government to restrict it’s own abuses of power…”

Andrew then goes on to tell us what is wrong with the idea of a state rejecting the National Health Care mandate.

“First, a state cannot unilaterally declare a federal law to be void. Second, a state legislature cannot constitutionally enact legislation designed to prevent the enforcement of a federal law. Third, a state may not criminalize official behavior that is authorized by federal law. Fourth, a state may not create a private right of action that permits its citizens to sue federal officials for properly enforcing a valid federal law. I could go on, but you get the idea.”

Andrew went through all of that ‘education’ and work experience and seems to have never comprehended one important thing about the constitution- it exists to LIMIT Federal power, not to authorize LIMITLESS power. By allowing DC to go beyond the restrictions of the enumerated powers, We the People have allowed the central government to become King-like. As you can see, Andrew is one of the crown’s loyal subjects, one who is astonished by any state who would ever dare to QUESTION DC the King…Andrew is baffled by the insolence on display in Missouri.

“What’s so disappointing here isn’t just that one or two anti-government zealots are introducing these sorts of dead-end measures. Unfortunately, that happens all the time all across the country…Are there really 108 state house officials in Missouri who believe their state may lawfully send federal officials to prison for enforcing a federal law? Are there really 108 members of that legislative body who believe that Missouri, and not the Supreme Court or Congress, gets to decide the fate of federal laws?…It feels like a bad version of a high school’s student council.”

Yes, Andrew. In addition to the 108 representatives, there are scores of average folks there in Missouri who are tired of having their lives messed with. I’m imagining that in High School, Andrew was of the opinion that the Principal, or better yet the County Administrator should be handling ALL decisions. “Those pesky student councils…just mucking everything up!”

I would love to see more ‘leading analysts’ begin to reflect the truth about American politics- that We the People sit above the entire structure of government and not The Supreme Court OR Congress. I don’t think that in this case, I’ll be holding my breath.

3 thoughts on “The Establishment Media Are Clueless About the Purpose of The Constitution”

@GrantWarren
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

The constitution clearly says that the people of the United States established the constitution. The states ratified it because all new amendments have to be ratified by the states since the previous constitution says so. I would assume that includes new constitutions as well.

Anyways, my point is is that people are subjects of the constitution which means it has the right to government the people of the United states. This is because people delegated some authority directly to the federal government to handle certain things. States did not delegate any authority to the federal government and remain outside its jurisdiction.

I’m on your side about federalism. I just think my opinion actually frees states up.

@onetenther
The people did NOT create the constitution-representatives of the states were sent to work on the articles of confederation and it was those representatives of the states which created the constitution and then sent it to the states to be ratified. it was NOT some act of unaffiliated men.

I would like to point out that the constitution and the federal government was created by the people of the United States. This means that the people ceded some freedom to the federal government, which consequently created it, but STATES did not. States owe no obligation to the federal government and remain free to do as they want. Its the people of the United States that fall under the jurisdiction of the federal government not the States themselves. They are outside the sphere of power and remain sovreign.